83_FR_33302 83 FR 33165 - Safety Zone, S99 Alford Street Bridge-Emergency Grid Replacement Project, Mystic River, Charlestown and Everett, MA

83 FR 33165 - Safety Zone, S99 Alford Street Bridge-Emergency Grid Replacement Project, Mystic River, Charlestown and Everett, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33165-33167
FR Document2018-15183

The Coast Guard proposes to establish a temporary safety zone for the navigable waters within 150-yards of the S99 Alford Street Bridge, at mile 1.4 on the Mystic River between Charlestown and Everett, Massachusetts from October 1, 2018 through April 30, 2019. The safety zone is necessary to protect personnel, vessels and the marine environment from potential hazards created during the emergency replacement of the steel grid deck on all four bascule spans of the S99 Alford Street Bridge. This proposed rule would prohibit vessels and persons from being in the safety zone unless authorized by the Captain of the Port Boston or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33165-33167]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15183]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0343]
RIN 1625-AA00


Safety Zone, S99 Alford Street Bridge--Emergency Grid Replacement 
Project, Mystic River, Charlestown and Everett, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the navigable waters within 150-yards of the S99 Alford Street 
Bridge, at mile 1.4 on the Mystic River between Charlestown and 
Everett, Massachusetts from October 1, 2018 through April 30, 2019. The 
safety zone is necessary to protect personnel, vessels and the marine 
environment from potential hazards created during the emergency 
replacement of the steel grid deck on all four bascule spans of the S99 
Alford Street Bridge. This proposed rule would prohibit vessels and 
persons from being in the safety zone unless authorized by the Captain 
of the Port Boston or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0343 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mark Cutter, Waterways Management 
Division, U.S. Coast Guard Sector Boston, telephone 617-223-4000, email 
Mark.E.Cutter@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 6, 2018, the City of Boston notified the Coast Guard that 
the Massachusetts Department of Transportation's Highways Division will 
be conducting emergency repairs to the S99 Alford Street Drawbridge at 
mile 1.4 on the Mystic River between Charlestown and Everett 
Massachusetts from May 2018 through the summer of 2019. The emergency 
repairs consist of replacing the steel grid bridge decking on all four 
bascule spans. To complete these repairs by the summer of 2019 and 
still maintain regional transportation, each side span of the bascule 
bridge will need to be closed at different times. To make the necessary 
repairs, workers will need to use barges in the waterway underneath the 
bridge span to access the side spans. Bridge span closures and use of 
the waterway underneath the bridge to effectuate the repairs are 
scheduled to commence on October 1, 2018, and be completed by April 30, 
2019.
    Hazards from bridge span closures and use of the waterway 
underneath include heavy lift operations, falling equipment and 
materials, and construction vessels. The Captain of the Port (COTP) 
Boston has determined that potential hazards associated with the bridge 
repairs would be a safety concern for anyone in or on Mystic River 
waters within 150-yards of the bridge. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP Boston or a designated representative. The Coast Guard will 
notify the public through the Massachusetts Bay Harbor Safety Committee 
meetings, Boston's Port Operators Group meetings, and Local Notice to 
Mariners. Moreover, the Coast Guard would issue a Safety Marine 
Information Broadcast via marine channel 16 (VHF-FM) fourteen (14) days 
in advance of the commencement of the Safety Zone. If the project is 
completed before April 30, 2019, enforcement of the safety zone will be 
suspended and notice given to the public to the greatest extent 
possible.
    The purpose of this rulemaking is to protect personnel, vessels and 
the marine environment from potential hazards created during repairs on 
the

[[Page 33166]]

S99 Alford Street Bridge, at mile 1.4 on the Mystic River between 
Charlestown and Everett Massachusetts. The Coast Guard proposes this 
rulemaking is under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone starting at 
12:01 a.m. on October 1, 2018, and to make it effective to 11:59 p.m. 
on April 30, 2019. The safety zone would cover all navigable waters 
within 150-yards of the S99 Alford Street Bridge, at mile 1.4 on the 
Mystic River between Charlestown and Everett Massachusetts. The 
duration of the zone is intended to ensure the safety of vessels, the 
maritime public, construction workers, and these navigable waters 
during the repairs on the S99 Alford Street Bridge over the main 
channel of the Mystic River. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP Boston 
or a designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. We expect the 
adverse economic impact of this proposed rule to be minimal since we 
will provide ample notice of the safety zone effective dates and 
vessels will be able to enter safety zone when construction equipment 
is not occupying the channel. Although this regulation may have some 
adverse impact on the public, the potential impact will be minimal 
because boating season for vessels on the Mystic River usually 
concludes around mid-October and consequently the amount of traffic in 
this waterway during the effective period for the safety zone is 
limited.
    This safety zone is of similar dimension and a shorter duration to 
the one established in 2011 (73916 FR/Vol. 77, NO. 239) for the 
original rehabilitation of the bridge. The regulatory text we are 
proposing appears at the end of this document.
    Notification of the emergency repairs to the Alford Street 
Drawbridge and the associated safety zone will be made to mariners 
through the Massachusetts Bay Harbor Safety Committee meetings, 
Boston's Port Operators Group meetings, and Local Notice to Mariners. 
Moreover, the Coast Guard would issue a Safety Marine Information 
Broadcast via marine channel 16 (VHF-FM) fourteen (14) days in advance 
of the commencement of the Safety Zone. The rule would allow vessels to 
seek permission to enter the zone when the channel is not being occupy 
by construction equipment.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule

[[Page 33167]]

involves the establishment of a temporary safety zone extending 150 
yards around a bridge to complete emergency repairs to the S99 Alford 
Street Bridge during a seven month period when boating traffic is 
minimal on the Mystic River. Normally such actions are categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a new Sec.  165.T01-0343 to read as follows:


Sec.  165.T01-0343   Safety Zone, S99 Alford Street Bridge--Emergency 
Grid Replacement Project, Mystic River, Charlestown and Everett MA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Mystic River between Charlestown and Everett, 
Massachusetts from surface to bottom, within 150-yards of the S99 
Alford Street Bridge, at mile 1.4 on the Mystic River between 
Charlestown and Everett, Massachusetts.
    (b) Definitions. As used in this section--
    Designated representative means any Coast Guard commissioned, 
warrant, petty officer, or any federal, state, or local law enforcement 
officer who has been designated by the Captain of the Port (COTP) 
Boston, to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    Official patrol vessels means any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the COTP Boston to enforce this section.
    (c) Enforcement period. This section is enforceable 24 hours a day 
from 12:01 a.m. on October 1, 2018, through 11:59 p.m. on April 30, 
2019. When enforced as deemed necessary by the COTP Boston, vessels 
will be prohibited from entering this safety zone during the emergency 
grid replacement on the bridge.
    (d) Regulations. The general regulations contained in 33 CFR 
165.23, as well as the following regulations, apply:
    (1) No person or vessel may enter or remain in this safety zone 
without the permission of the COTP Boston or the COTP's designated 
representatives. However, any person or vessel permitted to enter the 
safety zone must comply with the directions and orders of the COTP 
Boston or the COTP's designated representatives.
    (2) To obtain permission required by this regulation, individuals 
may reach the COTP Boston or a COTP designated representative via 
Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
    (3) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.

    Dated: July 11, 2018.
Eric. J. Doucette,
Captain, U.S. Coast Guard Captain of the Port Boston.
[FR Doc. 2018-15183 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                          Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules                                           33165

                                                 DEPARTMENT OF THE TREASURY                               (c)(1)(iv), Example 4.’’ is corrected to              SUPPLEMENTARY INFORMATION:
                                                                                                          read ‘‘§ 301.6011–2 (b)(4).’’.
                                                 Internal Revenue Service                                                                                       I. Table of Abbreviations
                                                                                                          Martin V. Franks,
                                                                                                                                                                CFR Code of Federal Regulations
                                                 26 CFR Part 301                                          Chief, Publications and Regulations Branch,           COTP Captain of the Port
                                                                                                          Legal Processing Division, Associate Chief            DHS Department of Homeland Security
                                                                                                          Counsel, (Procedure and Administration).              FR Federal Register
                                                 [REG–102951–16]                                          [FR Doc. 2018–15164 Filed 7–16–18; 8:45 am]           NPRM Notice of proposed rulemaking
                                                                                                          BILLING CODE 4830–01–P                                § Section
                                                 RIN 1545–BN36                                                                                                  U.S.C. United States Code

                                                 Filing Requirements for Information                                                                            II. Background, Purpose, and Legal
                                                                                                          DEPARTMENT OF HOMELAND                                Basis
                                                 Returns Required on Magnetic Media
                                                                                                          SECURITY
                                                 (Electronically); Correction                                                                                      On April 6, 2018, the City of Boston
                                                                                                          Coast Guard                                           notified the Coast Guard that the
                                                 AGENCY:  Internal Revenue Service (IRS),                                                                       Massachusetts Department of
                                                 Treasury.                                                                                                      Transportation’s Highways Division will
                                                                                                          33 CFR Part 165
                                                 ACTION: Correction to a notice of                                                                              be conducting emergency repairs to the
                                                 proposed rulemaking.                                     [Docket Number USCG–2018–0343]                        S99 Alford Street Drawbridge at mile 1.4
                                                                                                          RIN 1625–AA00                                         on the Mystic River between
                                                 SUMMARY:   This document contains a                                                                            Charlestown and Everett Massachusetts
                                                 correction to notice of proposed                         Safety Zone, S99 Alford Street                        from May 2018 through the summer of
                                                 rulemaking (REG–102951–16) that was                      Bridge—Emergency Grid Replacement                     2019. The emergency repairs consist of
                                                 published in the Federal Register on                     Project, Mystic River, Charlestown and                replacing the steel grid bridge decking
                                                 Thursday, May 31, 2018 (83 FR 24948).                    Everett, MA                                           on all four bascule spans. To complete
                                                 The proposed regulations are relating to                                                                       these repairs by the summer of 2019 and
                                                 amending rules for determining whether                   AGENCY:   Coast Guard, DHS.
                                                                                                                                                                still maintain regional transportation,
                                                 information returns must be filed by                     ACTION:   Notice of proposed rulemaking.              each side span of the bascule bridge will
                                                 using magnetic media (electronically).                   SUMMARY:   The Coast Guard proposes to                need to be closed at different times. To
                                                 DATES: Written or electronic comments                    establish a temporary safety zone for the             make the necessary repairs, workers will
                                                 and request for a public hearing for the                 navigable waters within 150-yards of the              need to use barges in the waterway
                                                 notice of proposed rulemaking at 83 FR                   S99 Alford Street Bridge, at mile 1.4 on              underneath the bridge span to access the
                                                 24948, May 31, 2018, are still being                     the Mystic River between Charlestown                  side spans. Bridge span closures and use
                                                 accepted and must be received by July                    and Everett, Massachusetts from                       of the waterway underneath the bridge
                                                 30, 2018.                                                October 1, 2018 through April 30, 2019.               to effectuate the repairs are scheduled to
                                                                                                          The safety zone is necessary to protect               commence on October 1, 2018, and be
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                          personnel, vessels and the marine                     completed by April 30, 2019.
                                                 Concerning the proposed regulations,                                                                              Hazards from bridge span closures
                                                 Michael Hara at (202) 317–6845;                          environment from potential hazards
                                                                                                          created during the emergency                          and use of the waterway underneath
                                                 concerning the submission of comments                                                                          include heavy lift operations, falling
                                                 and request for a public hearing, Regina                 replacement of the steel grid deck on all
                                                                                                          four bascule spans of the S99 Alford                  equipment and materials, and
                                                 L. Johnson, (202) 317–5177 (not a toll-                                                                        construction vessels. The Captain of the
                                                 free number).                                            Street Bridge. This proposed rule would
                                                                                                          prohibit vessels and persons from being               Port (COTP) Boston has determined that
                                                 SUPPLEMENTARY INFORMATION:                               in the safety zone unless authorized by               potential hazards associated with the
                                                 Background                                               the Captain of the Port Boston or a                   bridge repairs would be a safety concern
                                                                                                          designated representative. We invite                  for anyone in or on Mystic River waters
                                                   The notice of proposed rulemaking                      your comments on this proposed                        within 150-yards of the bridge. No
                                                 that is subject of this document is under                rulemaking.                                           vessel or person will be permitted to
                                                 section 6011 of the Internal Revenue                                                                           enter the safety zone without obtaining
                                                                                                          DATES: Comments and related material
                                                 Code.                                                                                                          permission from the COTP Boston or a
                                                                                                          must be received by the Coast Guard on                designated representative. The Coast
                                                 Need for Correction                                      or before August 16, 2018.                            Guard will notify the public through the
                                                   As published, the notice of proposed                   ADDRESSES: You may submit comments                    Massachusetts Bay Harbor Safety
                                                 rulemaking (REG–102951–16) contains                      identified by docket number USCG–                     Committee meetings, Boston’s Port
                                                 an error that may prove to be misleading                 2018–0343 using the Federal                           Operators Group meetings, and Local
                                                 and are in need of clarification.                        eRulemaking Portal at http://                         Notice to Mariners. Moreover, the Coast
                                                                                                          www.regulations.gov. See the ‘‘Public                 Guard would issue a Safety Marine
                                                 Correction of Publication                                Participation and Request for                         Information Broadcast via marine
                                                    Accordingly, in the notice of                         Comments’’ portion of the                             channel 16 (VHF–FM) fourteen (14)
                                                 proposed rulemaking (REG–102951–16)                      SUPPLEMENTARY INFORMATION section for                 days in advance of the commencement
                                                 that is subject to FR Doc. 2018–11749,                   further instructions on submitting                    of the Safety Zone. If the project is
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 beginning on page 24948 in the issue of                  comments.                                             completed before April 30, 2019,
                                                 May 31, 2018, make the following                         FOR FURTHER INFORMATION CONTACT: If                   enforcement of the safety zone will be
                                                 correction in the SUPPLEMENTARY                          you have questions about this proposed                suspended and notice given to the
                                                 INFORMATION section. On page 24949 in                    rulemaking, call or email Mark Cutter,                public to the greatest extent possible.
                                                 the first column, under the caption                      Waterways Management Division, U.S.                      The purpose of this rulemaking is to
                                                 ‘‘Explanation of Provisions’’, the last                  Coast Guard Sector Boston, telephone                  protect personnel, vessels and the
                                                 line from the bottom of the second full                  617–223–4000, email Mark.E.Cutter@                    marine environment from potential
                                                 paragraph, the language ‘‘§ 301.6011–2                   uscg.mil.                                             hazards created during repairs on the


                                            VerDate Sep<11>2014   16:23 Jul 16, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\17JYP1.SGM   17JYP1


                                                 33166                    Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules

                                                 S99 Alford Street Bridge, at mile 1.4 on                 and consequently the amount of traffic                C. Collection of Information
                                                 the Mystic River between Charlestown                     in this waterway during the effective                   This proposed rule would not call for
                                                 and Everett Massachusetts. The Coast                     period for the safety zone is limited.                a new collection of information under
                                                 Guard proposes this rulemaking is                           This safety zone is of similar                     the Paperwork Reduction Act of 1995
                                                 under authority in 33 U.S.C. 1231.                       dimension and a shorter duration to the               (44 U.S.C. 3501–3520).
                                                 III. Discussion of Proposed Rule                         one established in 2011 (73916 FR/Vol.
                                                                                                          77, NO. 239) for the original                         D. Federalism and Indian Tribal
                                                    The Coast Guard proposes to establish                 rehabilitation of the bridge. The                     Governments
                                                 a safety zone starting at 12:01 a.m. on                  regulatory text we are proposing appears                 A rule has implications for federalism
                                                 October 1, 2018, and to make it effective                at the end of this document.                          under Executive Order 13132,
                                                 to 11:59 p.m. on April 30, 2019. The                        Notification of the emergency repairs              Federalism, if it has a substantial direct
                                                 safety zone would cover all navigable                    to the Alford Street Drawbridge and the               effect on the States, on the relationship
                                                 waters within 150-yards of the S99                       associated safety zone will be made to                between the national government and
                                                 Alford Street Bridge, at mile 1.4 on the                 mariners through the Massachusetts Bay                the States, or on the distribution of
                                                 Mystic River between Charlestown and                     Harbor Safety Committee meetings,                     power and responsibilities among the
                                                 Everett Massachusetts. The duration of                   Boston’s Port Operators Group meetings,               various levels of government. We have
                                                 the zone is intended to ensure the safety                and Local Notice to Mariners. Moreover,               analyzed this proposed rule under that
                                                 of vessels, the maritime public,                         the Coast Guard would issue a Safety                  Order and have determined that it is
                                                 construction workers, and these                          Marine Information Broadcast via                      consistent with the fundamental
                                                 navigable waters during the repairs on                   marine channel 16 (VHF–FM) fourteen                   federalism principles and preemption
                                                 the S99 Alford Street Bridge over the                    (14) days in advance of the                           requirements described in Executive
                                                 main channel of the Mystic River. No                     commencement of the Safety Zone. The                  Order 13132.
                                                 vessel or person would be permitted to                   rule would allow vessels to seek                         Also, this proposed rule does not have
                                                 enter the safety zone without obtaining                  permission to enter the zone when the                 tribal implications under Executive
                                                 permission from the COTP Boston or a                     channel is not being occupy by                        Order 13175, Consultation and
                                                 designated representative.                               construction equipment.                               Coordination with Indian Tribal
                                                 IV. Regulatory Analyses                                                                                        Governments, because it would not have
                                                                                                          B. Impact on Small Entities                           a substantial direct effect on one or
                                                   We developed this proposed rule after                                                                        more Indian tribes, on the relationship
                                                 considering numerous statutes and                           The Regulatory Flexibility Act of
                                                                                                          1980, 5 U.S.C. 601–612, as amended,                   between the Federal Government and
                                                 Executive orders related to rulemaking.                                                                        Indian tribes, or on the distribution of
                                                 Below we summarize our analyses                          requires Federal agencies to consider
                                                                                                          the potential impact of regulations on                power and responsibilities between the
                                                 based on a number of these statutes and                                                                        Federal Government and Indian tribes.
                                                 Executive orders and we discuss First                    small entities during rulemaking. The
                                                                                                          term ‘‘small entities’’ comprises small               If you believe this proposed rule has
                                                 Amendment rights of protestors.                                                                                implications for federalism or Indian
                                                                                                          businesses, not-for-profit organizations
                                                 A. Regulatory Planning and Review                        that are independently owned and                      tribes, please contact the person listed
                                                                                                          operated and are not dominant in their                in the FOR FURTHER INFORMATION
                                                    Executive Orders 12866 and 13563                                                                            CONTACT section.
                                                 direct agencies to assess the costs and                  fields, and governmental jurisdictions
                                                 benefits of available regulatory                         with populations of less than 50,000.                 E. Unfunded Mandates Reform Act
                                                 alternatives and, if regulation is                       The Coast Guard certifies under 5 U.S.C.                 The Unfunded Mandates Reform Act
                                                 necessary, to select regulatory                          605(b) that this proposed rule would not              of 1995 (2 U.S.C. 1531–1538) requires
                                                 approaches that maximize net benefits.                   have a significant economic impact on                 Federal agencies to assess the effects of
                                                 Executive Order 13771 directs agencies                   a substantial number of small entities.               their discretionary regulatory actions. In
                                                 to control regulatory costs through a                       If you think that your business,                   particular, the Act addresses actions
                                                 budgeting process. This NPRM has not                     organization, or governmental                         that may result in the expenditure by a
                                                 been designated a ‘‘significant                          jurisdiction qualifies as a small entity              State, local, or tribal government, in the
                                                 regulatory action,’’ under Executive                     and that this rule would have a                       aggregate, or by the private sector of
                                                 Order 12866. Accordingly, the NPRM                       significant economic impact on it,                    $100,000,000 (adjusted for inflation) or
                                                 has not been reviewed by the Office of                   please submit a comment (see                          more in any one year. Though this
                                                 Management and Budget (OMB), and                         ADDRESSES) explaining why you think it                proposed rule would not result in such
                                                 pursuant to OMB guidance it is exempt                    qualifies and how and to what degree                  an expenditure, we do discuss the
                                                 from the requirements of Executive                       this rule would economically affect it.               effects of this rule elsewhere in this
                                                 Order 13771.                                                Under section 213(a) of the Small                  preamble.
                                                    This regulatory action determination                  Business Regulatory Enforcement
                                                 is based on the size, location, duration,                Fairness Act of 1996 (Pub. L. 104–121),               F. Environment
                                                 and time-of-year of the safety zone. We                  we want to assist small entities in                     We have analyzed this proposed rule
                                                 expect the adverse economic impact of                    understanding this proposed rule. If the              under Department of Homeland
                                                 this proposed rule to be minimal since                   rule would affect your small business,                Security Directive 023–01 and
                                                 we will provide ample notice of the                      organization, or governmental                         Commandant Instruction M16475.1D,
                                                 safety zone effective dates and vessels                  jurisdiction and you have questions                   which guide the Coast Guard in
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                                                 will be able to enter safety zone when                   concerning its provisions or options for              complying with the National
                                                 construction equipment is not                            compliance, please contact the person                 Environmental Policy Act of 1969 (42
                                                 occupying the channel. Although this                     listed in the FOR FURTHER INFORMATION                 U.S.C. 4321–4370f), and have made a
                                                 regulation may have some adverse                         CONTACT section. The Coast Guard will                 preliminary determination that this
                                                 impact on the public, the potential                      not retaliate against small entities that             action is one of a category of actions that
                                                 impact will be minimal because boating                   question or complain about this                       do not individually or cumulatively
                                                 season for vessels on the Mystic River                   proposed rule or any policy or action of              have a significant effect on the human
                                                 usually concludes around mid-October                     the Coast Guard.                                      environment. This proposed rule


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                                                                          Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules                                                 33167

                                                 involves the establishment of a                          you go to the online docket and sign up               as well as the following regulations,
                                                 temporary safety zone extending 150                      for email alerts, you will be notified                apply:
                                                 yards around a bridge to complete                        when comments are posted or a final                     (1) No person or vessel may enter or
                                                 emergency repairs to the S99 Alford                      rule is published.                                    remain in this safety zone without the
                                                 Street Bridge during a seven month                                                                             permission of the COTP Boston or the
                                                                                                          List of Subjects in 33 CFR Part 165                   COTP’s designated representatives.
                                                 period when boating traffic is minimal
                                                 on the Mystic River. Normally such                         Harbors, Marine safety, Navigation                  However, any person or vessel
                                                 actions are categorically excluded from                  (water), Reporting and recordkeeping                  permitted to enter the safety zone must
                                                 further review under paragraph L60(a)                    requirements, Security measures,                      comply with the directions and orders
                                                 of Appendix A, Table 1 of DHS                            Waterways.                                            of the COTP Boston or the COTP’s
                                                 Instruction Manual 023–01–001–01,                          For the reasons discussed in the                    designated representatives.
                                                 Rev. 01. A preliminary Record of                         preamble, the Coast Guard proposes to                   (2) To obtain permission required by
                                                 Environmental Consideration                              amend 33 CFR part 165 as follows:                     this regulation, individuals may reach
                                                 supporting this determination is                                                                               the COTP Boston or a COTP designated
                                                 available in the docket where indicated                  PART 165—REGULATED NAVIGATION                         representative via Channel 16 (VHF–
                                                 under ADDRESSES. We seek any                             AREAS AND LIMITED ACCESS AREAS                        FM) or 617–223–5757 (Sector Boston
                                                 comments or information that may lead                                                                          Command Center).
                                                                                                          ■ 1. The authority citation for part 165                (3) Penalties. Those who violate this
                                                 to the discovery of a significant
                                                                                                          continues to read as follows:                         section are subject to the penalties set
                                                 environmental impact from this
                                                 proposed rule.                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           forth in 33 U.S.C. 1232.
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Dated: July 11, 2018.
                                                 G. Protest Activities                                    Department of Homeland Security Delegation
                                                                                                          No. 0170.1.                                           Eric. J. Doucette,
                                                   The Coast Guard respects the First                                                                           Captain, U.S. Coast Guard Captain of the
                                                 Amendment rights of protesters.                          ■ 2. Add a new § 165.T01–0343 to read
                                                                                                                                                                Port Boston.
                                                 Protesters are asked to contact the                      as follows:
                                                                                                                                                                [FR Doc. 2018–15183 Filed 7–16–18; 8:45 am]
                                                 person listed in the FOR FURTHER                         § 165.T01–0343 Safety Zone, S99 Alford                BILLING CODE 9110–04–P
                                                 INFORMATION CONTACT section to                           Street Bridge—Emergency Grid
                                                 coordinate protest activities so that your               Replacement Project, Mystic River,
                                                 message can be received without                          Charlestown and Everett MA.
                                                                                                                                                                DEPARTMENT OF EDUCATION
                                                 jeopardizing the safety or security of                      (a) Location. The following area is a
                                                 people, places, or vessels.                              safety zone: All navigable waters of the              34 CFR Part 200
                                                 V. Public Participation and Request for                  Mystic River between Charlestown and
                                                                                                          Everett, Massachusetts from surface to                RIN 1810–AB33
                                                 Comments
                                                                                                          bottom, within 150-yards of the S99                   [Docket ID: ED–2016–OESE–0056]
                                                    We view public participation as                       Alford Street Bridge, at mile 1.4 on the
                                                 essential to effective rulemaking, and                   Mystic River between Charlestown and                  Title I—Improving the Academic
                                                 will consider all comments and material                  Everett, Massachusetts.                               Achievement of the Disadvantaged-
                                                 received during the comment period.                         (b) Definitions. As used in this                   Supplement Not Supplant; Withdrawal
                                                 Your comment can help shape the                          section—
                                                 outcome of this rulemaking. If you                          Designated representative means any                AGENCY:  Office of Elementary and
                                                 submit a comment, please include the                     Coast Guard commissioned, warrant,                    Secondary Education, Department of
                                                 docket number for this rulemaking,                       petty officer, or any federal, state, or              Education.
                                                 indicate the specific section of this                    local law enforcement officer who has                 ACTION: Proposed rule; withdrawal.
                                                 document to which each comment                           been designated by the Captain of the                 SUMMARY:   The U.S. Department of
                                                 applies, and provide a reason for each                   Port (COTP) Boston, to act on his or her              Education (Department) is withdrawing
                                                 suggestion or recommendation.                            behalf. The designated representative                 the notice of proposed rulemaking
                                                    We encourage you to submit                            may be on an official patrol vessel or                (NPRM) pertaining to the supplement
                                                 comments through the Federal                             may be on shore and will communicate                  not supplant requirements under title I,
                                                 eRulemaking Portal at http://                            with vessels via VHF–FM radio or                      part A of the Elementary and Secondary
                                                 www.regulations.gov. If your material                    loudhailer. In addition, members of the               Education Act of 1965 (ESEA), as
                                                 cannot be submitted using http://                        Coast Guard Auxiliary may be present to               amended by the Every Student Succeeds
                                                 www.regulations.gov, contact the person                  inform vessel operators of this                       Act (ESSA).
                                                 in the FOR FURTHER INFORMATION                           regulation.
                                                                                                                                                                DATES: As of July 17, 2018, the proposed
                                                 CONTACT section of this document for                        Official patrol vessels means any
                                                                                                                                                                regulations published on September 6,
                                                 alternate instructions.                                  Coast Guard, Coast Guard Auxiliary,
                                                    We accept anonymous comments. All                                                                           2016, at 81 FR 61148 are withdrawn.
                                                                                                          state, or local law enforcement vessels
                                                 comments received will be posted                         assigned or approved by the COTP                      FOR FURTHER INFORMATION CONTACT:
                                                 without change to http://                                Boston to enforce this section.                       Patrick Rooney, U.S. Department of
                                                 www.regulations.gov and will include                        (c) Enforcement period. This section               Education, 400 Maryland Avenue SW,
                                                 any personal information you have                        is enforceable 24 hours a day from 12:01              Room 3W202, Washington, DC 20202.
                                                 provided. For more about privacy and                     a.m. on October 1, 2018, through 11:59                Telephone: (202) 453–5514. Email:
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the docket, visit http://                                p.m. on April 30, 2019. When enforced                 patrick.rooney@ed.gov.
                                                 www.regulations.gov/privacyNotice.                       as deemed necessary by the COTP                          If you use a telecommunications
                                                    Documents mentioned in this NPRM                      Boston, vessels will be prohibited from               device for the deaf (TDD) or a text
                                                 as being available in the docket, and all                entering this safety zone during the                  telephone (TTY), call the Federal Relay
                                                 public comments, will be in our online                   emergency grid replacement on the                     Service (FRS), toll free, at 1–800–877–
                                                 docket at http://www.regulations.gov                     bridge.                                               8339.
                                                 and can be viewed by following that                         (d) Regulations. The general                       SUPPLEMENTARY INFORMATION: Section
                                                 website’s instructions. Additionally, if                 regulations contained in 33 CFR 165.23,               1118(b)(2) of the ESEA, as amended by


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Document Created: 2018-07-17 01:38:50
Document Modified: 2018-07-17 01:38:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 16, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Mark Cutter, Waterways Management Division, U.S. Coast Guard Sector Boston, telephone 617-223-4000, email [email protected]
FR Citation83 FR 33165 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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